Maintenance Orders (Reciprocal Enforcement) Act 1972

8 Enforcement of maintenance order registered in United Kingdom court. E+W

(1) Subject to subsection (2) below, a registered order may be enforced in the United Kingdom as if it had been made by the registering court and as if that court had had jurisdiction to make it; and proceedings for or with respect to the enforcement of any such order may be taken accordingly.

(2) Subsection (1) above does not apply to an order which is for the time being registered in the High Court under Part I of the M1 Maintenance Orders Act 1958 or to an order which is for the time being registered in the High Court of Justice in Northern Ireland under Part II of the M2 Maintenance and Affiliation Orders Act (Northern Ireland) 1966.

(3) Any person for the time being under an obligation to make payments in pursuance of a registered order shall give notice of any change of address to the [F1 appropriate officer] of the registering court, and any person failing without reasonable excuse to give such a notice shall be liable on summary conviction to a fine not exceeding [F2 £50].

[F3 (3A) In subsection (3) above “appropriate officer” means—

(a) in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court; and

(b) in relation to a court elsewhere, the clerk of the court.]

[F4 (4) An order which by virtue of this section is enforceable by a magistrates’ court shall [F5 subject to the modifications of sections 76 and 93 of the Magistrates’ Courts Act 1980 specified in subsections (4A) and (4B) below]be enforceable as if it were a magistrates’ court maintenance order made by that court.

In this subsection “magistrates’ court maintenance order” has the same meaning as in section 150(1) of the Magistrates’ Courts Act M3 1980.]

[F6 (4A) Section 76 (enforcement of sums adjudged to be paid) shall have effect as if for subsections (4) to (6) there were substituted the following subsections—

“(4) Where proceedings are brought for the enforcement of a magistrates’ court maintenance order under this section, the court may vary the order by exercising one of its powers under subsection (5) below.

(5) The powers of the court are—

(a) the power to order that payments under the order be made directly to [F7 a justices’ chief executive];

(b) the power to order that payments under the order be made to [F7 a justices’ chief executive], by such method of payment falling within section 59(6) above (standing order, etc.) as may be specified;

(c) the power to make an attachment of earnings order under theAttachment of Earnings Act 1971 to secure payments under the order.

(6) In deciding which of the powers under subsection (5) above it is to exercise, the court shall have regard to any representations made by the debtor (within the meaning of section 59 above).

(7) Subsection (4) of section 59 above (power of court to require debtor to open account) shall apply for the purposes of subsection (5) above as it applies for the purposes of that section but as if for paragraph (a) there were substituted—

“(a) the court proposes to exercise its power under paragraph (b) of section 76(5) below, and”.”

(4B) In section 93 (complaint for arrears), subsection (6) (court not to impose imprisonment in certain circumstances) shall have effect as if for paragraph (b) there were substituted—

“(b) if the court is of the opinion that it is appropriate—

(i) to make an attachment of earnings order; or

(ii) to exercise its power under paragraph (b) of section 76(5) above”.]

(5) The magistrates’ court by which an order is enforceable by virtue of this section, and the officers thereof, shall take all such steps for enforcing [F8 or facilitating the enforcement of] the order as may be prescribed.

(6) In any proceedings for or with respect to the enforcement of an order which is for the time being registered in any court under this Part of this Act a certificate of arrears sent to the prescribed officer of the court shall be evidence of the facts stated therein.

(7) Subject to subsection (8) below, sums of money payable under a registered order shall be payable in accordance with the order as from [F9 the date on which they are required to be paid under the provisions of the order].

(8) The court having power under section 7 of this Act to confirm a provisional order may, if it decides to confirm the order, direct that the sums of money payable under it shall be deemed to have been payable in accordance with the order as from [F10 the date on which they are required to be paid under the provisions of the order or such later date], as it may specify; and subject to any such direction, a maintenance order registered under the said section 7 shall be treated as if it had been made in the form in which it was confirmed and as if it had never been a provisional order.

(9) In the application of this section to Scotland—

(a) subsections (2) to (5) shall be omitted; and

(b) in subsection (6), for the word “evidence” there shall be substituted the words “sufficient evidence”.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E1 S. 8: This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only.

Amendments (Textual)

F1 Words in s. 8(3) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 73(1)(2) (with Sch. 14 para.7(2)); S.I. 2001/916, art. 2(a)(ii)

F2 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 33

F3 S. 8(3A) inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 73(1)(3) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F4 S. 8(4) substituted (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 45

F5 Words in s. 8(4) inserted (E.W.) (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 10, Sch. 1 para. 13(1), S.I. 1992/455, art. 2

F6 S. 8(4A)(4B) inserted (E.W.) (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF: 49:3), s. 10, Sch. 1 para. 13(2), S.I. 1992/455, art. 2

F7 Words in s. 8(4A) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 73(1)(4) (with Sch. 14 para 7(2)); S.I. 2001/916, art. 2(a)(ii)

F8 Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 11

F9 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 54(c), 89

F10 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 54(d), 89

F11 S. 8(10) repealed by S.I. 1981/1675 (N.I. 26), Sch. 7

Modifications etc. (not altering text)

C5 Ss. 8-21 applied (28.5.2002) by The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2002 (S.I. 2002/788), art. 4(4)(5)

Marginal Citations

M1 1958 c. 39.

M2 1966 c. 35(N.I.)

M3 1980 c.43 (82).

X1 8 Enforcement of maintenance order registered in United Kingdom court. S+N.I.

(1) Subject to subsection (2) below, a registered order may be enforced in the United Kingdom as if it had been made by the registering court and as if that court had had jurisdiction to make it; and proceedings for or with respect to the enforcement of any such order may be taken accordingly.

(2) Subsection (1) above does not apply to an order which is for the time being registered in the High Court under Part I of the M4 Maintenance Orders Act 1958 or to an order which is for the time being registered in the High Court of Justice in Northern Ireland under Part II of the M5 Maintenance and Affiliation Orders Act (Northern Ireland) 1966.

(3) Any person for the time being under an obligation to make payments in pursuance of a registered order shall give notice of any change of address to the [F12 appropriate officer] of the registering court, and any person failing without reasonable excuse to give such a notice shall be liable on summary conviction to a fine not exceeding [F13 £50].

[F14 (3A) In subsection (3) above “appropriate officer” means—

(a) in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court; and

(b) in relation to a court elsewhere, the clerk of the court.]

(4) An order which by virtue of this section is enforceable by a magistrates’ court shall [F15 subject to the modifications of Article 98 of the Magistrates’ Courts (Northern Ireland) Order 1981 specified in subsection (4C) below]be enforceable as [F16 an order made by that court to which that Article applies]

[F17 (4C) Article 98 of the Magistrates’ Courts (Northern Ireland) Order 1981 (enforcement of sums adjudged to be paid) shall have effect—

(a) as if for paragraph (7)(a) there were substituted the following paragraph—

“(a) if the court is of the opinion that it is appropriate—

(i) to make an attachment of earnings order; or

(ii) to exercise its power under paragraph (8C)(b)”

(b) as if for paragraphs (8B) to (8D) there were substituted the following paragraphs—

“(8B) Upon the appearance of a person or proof of service of the summons on him as mentioned in paragraph (4) for the enforcement of an order to which this Article applies, the court or resident magistrate may vary the order by exercising one of the powers under paragraph (8C).

(8C) The powers mentioned in paragraph (8B) are—

(a) the power to order that payments under the order be made directly to the collecting officer;

(b) the power to order that payments under the order be made to the collecting officer, by such method of payment falling within Article 85(7) (standing order, etc.) as may be specified;

(c) the power to make an attachment of earnings order under Part IX to secure payments under the order.

(8D) In deciding which of the powers under paragraph (8C) is to be exercised, the court or, as the case may be, a resident magistrate shall have regard to any representations made by the debtor (within the meaning of Article 85).

(8E) Paragraph (5) of Article 85 (power of court to require debtor to open account) shall apply for the purposes of paragraph (8C) as it applies for the purposes of that Article but as if for sub-paragraph (a) there were substituted—

“(a) the court proposes to exercise its power under sub-paragraph (b) of Article 98(8C), and””]

(5) The magistrates’ court by which an order is enforceable by virtue of this section, and the officers thereof, shall take all such steps for enforcing [F18 or facilitating the enforcement of] the order as may be prescribed.

(6) In any proceedings for or with respect to the enforcement of an order which is for the time being registered in any court under this Part of this Act a certificate of arrears sent to the prescribed officer of the court shall be evidence of the facts stated therein.

(7) Subject to subsection (8) below, sums of money payable under a registered order shall be payable in accordance with the order as from [F19 the date on which they are required to be paid under the provisions of the order].

(8) The court having power under section 7 of this Act to confirm a provisional order may, if it decides to confirm the order, direct that the sums of money payable under it shall be deemed to have been payable in accordance with the order as from [F20 the date on which they are required to be paid under the provisions of the order or such later date], as it may specify; and subject to any such direction, a maintenance order registered under the said section 7 shall be treated as if it had been made in the form in which it was confirmed and as if it had never been a provisional order.

(9) In the application of this section to Scotland—

(a) subsections (2) to (5) shall be omitted; and

(b) in subsection (6), for the word “evidence” there shall be substituted the words “sufficient evidence”.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Editorial Information

X1 S. 8(4A)(4B) were inserted for England and Wales only by 1991 c. 17, Sch. 1 para. 13; the substitution to words in s. 8(4A) by 1999 c. 22, Sch. 13 para. 73(4) cannot be carried through to this section as it applies to Scotland and Northern Ireland

Extent Information

E2 S. 8: This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only

Amendments (Textual)

F12 Words in s. 8(3) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 73(1)(2) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F13 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 33

F14 S. 8(3A) inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 73(1)(3) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F15 Words in s. 8(4) inserted (4.11.1996) by S.I. 1993/1576 (N.I. 6), art. 11, Sch. 1 para. 8(a); S.R. 1996/454, art. 3

F16 Words in s. 8(4) substituted (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 68 (with Sch. 8 para. 1(1)); S.R. 1996/297, art. 2(2)

F17 S. 8(4C) inserted (4.11.1996) by S.I. 1993/1576 (N.I. 6), art. 11, Sch. 1 para. 8(b); S.R. 1996/454, art. 3

F18 Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 11

F19 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 54(c), 89

F20 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 54(d), 89

F21 S. 8(10) repealed by S.I. 1981/1675 (N.I. 26), Sch. 7

Modifications etc. (not altering text)

C6 Ss. 8-21 applied (28.5.2002) by The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2002 (S.I. 2002/788), art. 4(4)(5)

Marginal Citations

M4 1958 c. 39.

M5 1966 c. 35(N.I.)